Last updated: 1-05-2024
Prior version:
1. INTRODUCTION
Welcome!
Please read these terms, and all embedded, linked, or otherwise referenced policies fully. If you do not agree to all of the terms, conditions, referenced policies, or the like herein you must not access or use Our Service.
You are entering into this Agreement with KIZATA LLC (“KIZATA”, “Company”, “We”, “Our”, or “Us”). When You (individually as a visitor, user, employee, employer, or the entity that You represent) access or use Our site (including kizata.com) Our services (also found at kizata.com), or any other referenced, linked, or similar site or services offered by KIZATA (collectively “Services” as defined in Section 3). You are agreeing to this Terms of Service (the “Agreement”). By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including, as applicable and referenced herein, Privacy Notice(s) and Policies, and any other legal terms found here which set out the terms of our Service and the manner in which We process any data, including personal data, collected from You, or provided to Us, and any other policies, or terms contained herein. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent, and have disclosed all information to KIZATA as necessary to perform the Services. Capitalized terms are as defined throughout this Agreement. As an Employer You represent and understand that You are responsible for Your use as well as all of Your Employee’s use of Our Services. As an Employee, You represent and understand You are responsible for Your use of our Services.
You acknowledge that in accessing or using any of the Services or Platform, You have the ability to and consent to enter into such agreements electronically, and that such access or use constitutes your agreement to be bound by these terms and conditions in their entirety.
2. DISCLAIMER
Company’s Services contain, provide, and impart, a great deal of content, instruction, and communications, regarding cybersecurity matters. The content, instruction, and communications, have been prepared and is/are provided for educational and informational purposes only without representation or warranty of any kind, does not constitute or provide legal, financial, tax, or other similar professional advice, counsel, or opinions on any matters, is/are not a substitute or alternative for your judgment or legal, financial, tax, or other similar professional advice. We make no guarantees as to any outcomes regarding our communications. We are not a law firm. We are not a tax advisory firm. We are not a financial advisory firm. None of Our representatives, employees, directors, advisors, independent contractors, etc., are lawyers (except for our lawyers providing legal advice to us), financial, tax, or other similar professional services, and no legal, financial, tax, or other professional advice is or will be provided You by Company, and no such advice will be provided to You by Company or anyone employed by or associated with Company. If we suggest third parties that may offer this service to You, or there are advertisements or the like on any of our Services, it is Your sole responsibility to determine whether You wish to hire, engage, or retain any of them. This is Your own choice. Company has no responsibility for such professional services You retain, engage, or employ. Company does not replace or substitute for any financial, tax, legal, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. Transmission of information over the internet or any Service is not intended to create, and receipt does not constitute, a lawyer-client or any other similar professional relationship between Company and You. You should not act or refrain from acting on any matter based on any content, instruction, or communications, through any Service without seeking professional counsel. Additionally You agree the Service is not intended to be utilized for back-up or repository purposes. You are responsible for maintaining all of Your own records.
3. SERVICES
This Agreement applies to all KIZATA services, including the website (such as kizata.com), or sites (desktop and mobile) (the “Website(s)” or “Site(s)”) as well as any and all applications, applications available on any electronic platform or service, mobile applications, means of written and oral communication, emails, chats, instant messaging, voice communications, and the like (the “Service(s)”); and is applicable to all persons, organizations, and entities who, or which, use or access any of Our Services, in their company’s capacity as an Employer or an individual capacity as an Employee (each referred to individually, or collectively as a “User”, “User’s”, “You” or “Your”). KIZATA reserves the right to change, suspend, or terminate any element of the Service, including hours of availability, information, data, text, music, sound, messages, or the like without notice or penalty. If You are an administrator or Employer You may create and add additional users to Your account, and understand and agree We are not responsible for validating any new users, or whether they should have access. You agree You are solely responsible for the addition of, any actions/inactions of, these new Users.
You understand and agree KIZATA may limit, restrict, suspend, or terminate Your account for any reason, or no reason at all, including for engaging in what KIZATA considers to be restricted business activities such as gambling, sale of certain drugs or paraphernalia, guns or ammunition, flammable or combustible substances, adult entertainment, virtual currency, counterfeit products, or any other business in KIZATA’s sole discretion.
4. REGISTRATION AND ACCOUNT INFORMATION
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself (“Registration Data”) and update it as necessary. If KIZATA has reason to believe that Your Registration Data, or any other data you upload into the service, is inaccurate, outdated, falsified or incomplete, KIZATA may suspend or terminate Your account. You agree You will not: (a) create an account using a false identity or enter in any information that is not your own or is not true or correct; (b) have more than one account (except in the event of an Employer with multiple EIN numbers); (c) create an account or use the Services if You have been previously removed from the Services, (d) access the Service if you are under 18 years of age (although We may permit You to access the Service if You are 16 or above with parental consent and only if in compliance with, and if permitted by, applicable laws) (we reserve the right to verify Your age), or (e) access the service outside of the United States of America (but in any event, if You do, that You will be liable for all legal compliance with such access). We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of Your password, credentials and account and will be fully responsible for any and all activities that occur under Your account. You are responsible for, and agree to immediately notify Us of, any unauthorized use of Your account or any other breach of account security. You may, however, disclose Your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard your password (“Authorized Password Users”), in order to enjoy the benefits of those third parties’ services in relation to our services. Company reserves the right to monitor your use of the Site or Service to ensure compliance with these Terms.
After registration has been completed, Company will provide You Services and access/use of the site and service for the purpose of (which such purpose may reasonably change from time to time): recording, creating, and monitoring employee performance, reporting, onboarding, offboarding, and other similar actions and relevant other services including potentially third party services as set forth herein. Depending on the services You elect, additional terms and conditions and authorizations may apply as indicated therein.
You hereby give the Company the permission and right to verify all records, identities, personal information, and account information uploaded by You or Your Employees, as the case may be. We may decline to offer services at any time, audit Your use of the service, records, or information at any time, and You acknowledge that the Services does not relieve you of any obligations that may apply to you under federal, state, local or other law, or regulation and such compliance obligation is your responsible and not the responsibility of KIZATA.
You are responsible for not only Your account but also any account, user, or login that You provide access to the Services. You fully release, indemnify, and hold Company harmless from any claims or liabilities associated with such access to the Service.
5. YOUR RESPONSIBILITIES
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. When using Our Services, You agree that You will not: (a) copy or distribute any part of the Services, or modify, reverse engineer, decompile, disassemble, tamper with, or create any derivative works of the Service, including by way of automated or non-automated “scraping”; (b) use any automated systems including “robots” and “spiders”; (c) interfere with or compromise Our systems’ integrity or decipher any server transmissions; (d) impose any unreasonably large load on Our infrastructure; (e) upload viruses, malware, or worms to the Service; (f) collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder; (g) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden; (h) stalk, harass, bully or harm others; (i) impersonate any person or entity; or (j) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content (k) act in any way on, or provided any Content to, the Service or to its users, or to KIZATA employees or support representatives, that is inappropriate or disrespectful; (l) or encourage or use the Services to commit or aid in the committing of r a crime. Your continued access to Our Services are contingent on Your agreement to act in a professional manner. You agree, represent, and warrant that any personally identifiable information of third parties You provide or upload to KIZATA pursuant to Your use of Our Services, will be provided with all complete and legal consents and permissions to provide KIZATA with such information. You are responsible for all actions taken on your account, whether or not they were taken by You directly. To the extent You utilize third party agents and they access the Service on your behalf, You agree You will remain fully liable and responsible for such third party agents actions, inactions, breaches, and the like of our Service. Any breach of a third party agent will be deemed a breach by You.
In addition, the Company prohibits the sending of any unsolicited email, text, or other communications, including any that violate applicable law or regulation. The Company also prohibits false headers in emails, texts, or engaging in any similar activities. If you or anyone you know is spammed in relation to the Company’s services please contact the Company immediately.
You agree the Company provides the Services on a limited basis, and that We may modify these limitations at any time, including adding or removing features, terminating certain or all Services, modifying pricing, charging for features or Services that previously did not have fees associated with, them logging off accounts that are inactive (KIZATA considers any account to be inactive if it does not have a record of at least one the following activities within a 180-day period: (a) a user login and/or active session for that account or (b) a payment to the account.), have reports, warnings, or for any other reason what so ever KIZATA deems as reasonable and that KIZATA has no liability or responsibility for any such modifications, changes, or the like.
6. PROHIBITED USAGE
In addition to all other usage restrictions, responsibilities, and requirements as set forth herein, You agree to only use the Service for lawful purposes, that You are responsible for Your actions and inactions on the Service (including any and all uploads, transmissions, posting, or the like through the Service), and that We explicitly prohibit: (i) any use not authorized herein (ii) any interference, damage, interception, or the like of our Service, (iii) reselling, sublicensing, or the like of the Service, (iv) framing or mirroring of the Service, (v) use of the Service for illegal, improper, unethical, or immoral activities, (vi) engaging in or encouraging conduct that could or does give rise to criminal, civil, or other liability in any jurisdiction either to yourself or to others (vii) posting infringing information or revealing confidential or trade secrets (unless you are the owner), (viii) Your use of the Service in violation of any laws including export control laws, (ix) interfering with the Service or gaining unauthorized access to the Service or any computer system, and (x) permitting any third party to do any of the above, or violate any term set forth herein
7. COMMUNICATIONS
When You use any of Our Services, accessing or using any platform or services, or send e-mails to us, You are communicating with us electronically and may be asked to provide information that allows for such communication, and agree You are providing that information freely and have a right to provide it. You consent to receive communications from us electronically. We may communicate with You by e-mail, text, short message system (SMS), chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on this Site or through any other Company Services. You agree that you are responsible for all messages You send, and to who You send them to, through the Services. You may be charged by your mobile cell phone carrier for texts and SMS. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
8. YOUR CONTENT
By submitting any information, data, documents, descriptions, or the like (collectively and for the entirety of everything you submit to us, “Content”) to Us, You hereby represent and warrant that You (i) own all rights to the Content and/or, alternatively, that You have the right to give Us the license described below (including Your entering of any employee data), including the correct and legal permissions and consents for any personally identifiable information You may provide to, or upload by way of, the KIZATA Service(s), and (ii) are solely responsible for all of Your Content. You understand that certain content You submit on the KIZATA Service is intended to be shared with others, such as, if You are an Employee, sharing Your data with Your Employer or vice versa. You also understand and agree that KIZATA may download, access, modify, send, transmit, and create derivative works of Your Content for purposes of providing the Services or for the Third Party Services. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to Us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that KIZATA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of KIZATA. You agree to not attempt to identify the author or creator of content from individual users, Employees, or the like if anonymized or aggregated. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the KIZATA Parties with respect thereto. You understand and agree that KIZATA will not be liable for any treatment of Your Content as confidential and waive all rights with respect to any such claims of confidentiality. If You do not agree that Your Content will not be considered confidential, You must not use the Service. You agree and understand that we are not governed by HIPAA (the Health Insurance Portability and Accountability Act); and we do not and will not protect Your content as if it were HIPAA data, nor do we consider any of Your content as HIPAA data. If you are governed by HIPAA, you agree you will not disclose to Company, or store with Company, protected health information or personally identifiable health information (PHI). However, in the event KIZATA is governed by HIPAA, our terms found here will apply.You agree that (1) We may aggregate and anonymize data to help improve our Service, analyze trends, and for any other industry standard purposes, (2) Your aggregated data may be used in large language models and other artificial intelligence applications at Our discretion, and (3) We can continue to use such aggregated and/or anonymized data subsequent to any termination as defined herein. You agree that We may collect certain data such as name, date of birth, salary, rates of pay, withholdings, banking, and other potentially confidential information to provide the Services, or to provide to our Third Party Service Providers in order to provide the Services to You and that KIZATA cannot guarantee the security or confidentiality of that data in its provision of the Services to You. You are solely responsible for the accuracy and completeness of Your Content, and KIZATA nor our Third Party Service Providers are liable for any claims, damages, or liabilities due to our reliance on such Content received from You.
12. INDEMNITY
You agree to defend, indemnify, and hold the KIZATA Parties (including all employees, directors, affiliates, subsidiaries and the like) harmless from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, other fees, damages, and disbursements, from or relating to: (a) Your Content; (b) Your use of, misuse of, and access to the Services in violation of this Agreement; (c) Your violation of this Agreement; (d) Your violation of any law, rule, or regulation, or the rights of any third-party, including Your upload or provision of personally identifiable information through the Service; (e) any action, inaction, decision, or the like You make as a result of using this Service (f) Your use of any Third-Party Services, (g) any wage and hour allegations or any allegation, or that KIZATA is a co-employer, or any other employee or employer suit due to Your actions, and (h) any action taken by KIZATA in reliance upon or pursuant to any instructions or specific request of Employer including, but not limited to, the reversal of any electronic direct deposit to an account of an employee maintained at a bank or other financial institution, or the disbursement of any sums which KIZATA is authorized to withhold. Company reserves the right, at Your expense, to assume exclusive defense and control of any matter subject to this section.
13. LICENSING TO KIZATA
You will retain all rights to the Content uploaded or created on or through the Services. You hereby grant to KIZATA and its owners, affiliates, representatives, licensees, licensors, successors and assigns (the “KIZATA Parties”) a non-exclusive, fully paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content
14. LIMITATIONS OF LIABILITY
KIZATA is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; (e) any third-party personally identifiable information You upload or provide to KIZATA pursuant to the Services, (f) any claims, actions, damages, losses, or the like that arise from Your dependence on Our guidance or recommendations as noted in Section 2, or (g) any losses, damages, fines, fees, or the like that result regarding the payroll, time and attendance, or other similar services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KIZATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT KIZATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OUR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (iii) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL KIZATA BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAYABLE BY THE USER TO KIZATA FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE; OR (B) ONE HUNDRED DOLLARS ($100). THIS SECTION ALSO INCLUDES, WITHOUT LIMITATION, ANY DAMAGES INCURRED BY YOU BY REASON OF ANY USE OF THE SITE, PLATFORM, CONTENT, PRODUCTS, OR OTHERWISE REFERENCED THROUGH THE SERVICES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You understand and agree that we have offered these services, and set our prices and other consideration, under reliance of these warranty disclaimers and the limitations of liability reflect a reasonable and fair allocation of risk between you and us, and without such disclaimers, limitations, and the like, we would not be able to provide any of the services to you on an economically reasonable basis.
15. INTELLECTUAL PROPERTY RIGHTS
The entirety of the Services, along with any logos, features, trademarks, designs, content (other than Your Content), or the like contained therein (“Marks”), are owned by or licensed to KIZATA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. KIZATA reserves all rights in and to the Services. You agree You will not use, copy, modify, or distribute any content contained within the Services beyond the authorized and lawful use hereunder. Any feedback, comments, or suggestions you provide to KIZATA (“Service Feedback”) is given voluntarily and KIZATA will be free to use, disclose, reproduce, or otherwise exploit such Service Feedback without limitation or restriction of any kind, with no payment or royalties owed to You.
16. DISCLAIMER OF WARRANTIES
SERVICES ARE PROVIDED TO YOU AS IS. KIZATA PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
KIZATA PARTIES MAKE NO GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE ACCURATE, COMPLETE, USEFUL, OR RELIABLE; (D) THE SERVICE OR GUIDANCE WILL YIELD ANY OUTCOME, OR THAT IT IS LEGALLY, FINANCIALLY, OR FROM A TAX PERSPECTIVE CORRECT OR COMPLIANT, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH US AND OTHER USERS OF OUR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND KIZATA HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
17. GENERAL RELEASE
You, all Users, and all third parties, are responsible for their acts and omissions and anything placed on or made available through any Company Services. In the event that You have a dispute with or claim against one or more Users or third parties, You release Company (and, as usual, our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also hereby release, discharge and hold harmless the releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from this Agreement, including Your accessing or using any Service(s) (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder. You understand and agree that all rights You may have under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. You acknowledge and understand that Section 1542 of the California Civil Code reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release releases from any such unknown and/or unsuspected claims and Released Claims. You acknowledge that, in the event of a breach of this agreement by Company or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin Company, nor to revoke or otherwise impair any of the rights granted to Company herein.
18. YOUR REMEDIES
Your only remedy with respect to any breach by us of any terms, including our Privacy Policy, any related or referenced documentation, violation of right or law in connection with this agreement or the services is to terminate your account and discontinue accessing or using any and all of the KIZATA services.
19. PRICING AND SUBSCRIPTION AGREEMENTS
Services, including any pricing, promotions, and trial periods, are as listed on our site and service, subject to change, correction, suspension or termination without notice, and may be offered on a per-Service or bundled offering. The fees charged for the Service(s) will be the price in effect at the time of the order, where applicable. Posted fee increases will only apply to orders placed after such changes, or as permitted for renewing and subsequent subscription terms. Changes to fees will not apply retroactively and will only apply after the conclusion of Your then-current subscription term. If You do not agree with the changes to the fees then You may elect not to renew the Services. KIZATA strives to display accurate price information, however KIZATA may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. KIZATA reserves the right to correct any errors, inaccuracies, or omissions at any time and to update fees at any time.
You agree to pay KIZATA all fees for access to the Services. All fees will be billed and paid in U.S. currency in accordance with KIZATA’s current billing policies, including charging the then-current credit card of file (which You agree to keep up to date and active), and do not include taxes. You must provide any tax exempt certificates to KIZATA prior to purchasing any Services. Unless otherwise stated at the time of order, all fees will be charged to (and You hereby authorize the charge of) the then-current credit card on file for the subscription and any renewals. Unless otherwise stated herein, all fees are non-cancellable and non-refundable (including for partial use of the Services, suspension of an account and/or upon termination of these Terms). Until all Fees are paid in full, all past due amounts will bear an additional charge of the lessor of 1.5% per month or the maximum amount permitted under applicable Law. If KIZATA requires the use of collection agencies, attorneys or courts of law for collection of any Fees, You shall be liable for such fees.
For Services subject to usage specifications related to User or employee quantities (e.g. tiered Fees for a Service based on the quantity of Your employees), if during the Subscription Term, Your usage or Your Content indicates that an elevation of tier has occurred, You agree to pay KIZATA the Fees for the elevated tier. Any associated pricing change will be effective the following calendar day and: (a) for monthly Subscription Terms, a pro-rated fee for the remainder of the current monthly billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next monthly billing cycle; (b) for annual Subscription Terms, a pro-rated fee for the remainder of the current annual billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next annual billing cycle. For clarity, no change in usage will result in a reduction of fees, nor grant you any right to refund, credit, or cancellation.
It is your responsibility to keep all contact, billing, credit card, and other information up to date.
All subscription agreements, irrespective of duration of term (monthly, annually, or the like) automatically renew for subsequent terms of the same duration as the initial term at KIZATA’s then current pricing. If you wish to not have your subscription agreement renew, you must notify KIZATA in writing no later than (a) thirty (30) days in advance of the renewal date of your annual subscription and (b) fifteen (15) days in advance of the renewal day of your monthly subscription.
If you wish to cancel your subscription, you may only do so per the notice requirement set forth above, and it will only be effective after the expiration of the subscription period in effect subsequent to the notice received.
If you do not cancel your subscription, Your payment method will continue to get billed at KIZATA’s then current rates for subsequent renewal terms.
There are no refunds provided for any access to, or subscription services for, our Services, including for those subscriptions which have renewed for subsequent periods, and your sole remedy is to elect your termination rights of the Services as set forth herein.
20. TERMINATION
We may suspend or terminate the Services or Your account at Our discretion without explanation and notice, for any reason or no reason whatsoever, though We will strive to provide a timely explanation. Reasons for such suspension or termination may include, but are not limited to: (a) breaches of this Agreement (b) law enforcement request (c) Your modification to the Services (d) security issues or problems (e) periods of inactivity (f) fraudulent or illegal activities (g) nonpayment (f) Your or other’s legal action against the company, or the like. In the event of Your breach of this Agreement, We will notify You of such breach, and in the event the breach can be cured, provide You thirty (30) days to cure such breach. If such breach remains uncured, We will terminate this Agreement with You as set forth herein. KIZATA will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
Termination will (a) remove your access to all or part of the Services, (b) delete all of your login information, files, and related content (except to the extent KIZATA maintains such information as part of its standard practices), and (c) bar further use at KIZATA’s sole discretion.
You may terminate your account at any time in the application, except that any termination of your account will have no effect on any subscription agreements currently in effect at the time of termination, which will remain in full force and effect for the remainder of their then-current term. Any method of termination request other than termination in the application will not be processed.
20.1 Of Subscriptions
You may cancel a subscription (so long as such subscription is 15 days in advance for monthly terms and 30 days in advance for annual terms), at the end of the then-current subscription period and no refunds will be provided (for instance, you may cancel your monthly subscription so that it does not automatically renew into the next month). Additionally You may cancel due to KIZATA’s failure to cure a material breach of these terms within thirty (30) days following written notice, or in the event KIZATA ceases operations. You may cancel by logging into Your account and submitting a cancellation request. You must cancel before Your subscription renews as set forth herein. No refunds are provided for partial term subscription cancellations, and You will continue to have access to the Services for the remaining period of Your monthly subscription.
21.7 Notice
You agree that We will provide notices and messages to You either within the Services or sent to the contact information that You provided Us. You are responsible for providing KIZATA with Your most current e-mail address. If You have provided an invalid email, or such address is not capable of receiving KIZATA notices, KIZATA’s dispatch of such email will nonetheless constitute effective notice. You may give notice to KIZATA at the following address: 6937 Village Pkwy, #2649 Dublin, CA 94568, Attn: legal, or via email to info@KIZATA.com. Notices shall be deemed given when received by KIZATA delivered by overnight delivery service or first-class postage prepaid mail, or if via email when confirmed received by KIZATA.
21.9 California Users and Residents
Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: 6937 Village Pkwy, #2649 Dublin, CA 94568. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The provider of the Website is:
Provider: KIZATA LLC
Phone: (650) 507-4339
E-mail: info@KIZATA.com
Address: 6937 Village Pkwy, #2649 Dublin, CA 94568
21.10 Independent Contractors, Third Party Beneficiaries
The parties are independent contractors. Neither is an agent, representative, or related entity of the other. Neither have any right or power to bind the other to any obligation, liability, or agreement. This agreement creates no association, agency, co-employer, employer of record, or joint venture between the parties. Nothing expressed or referenced to in this Agreement will be construed to give any person or entity other than the Parties or their permitted successors and assigns expressly provided in this document any legal or equitable right, remedy or claim under or with respect to this Agreement. The foregoing does not apply to indemnification obligations.
21.11 Assignment
Except as set forth below, neither party may assign or transfer this Agreement including any rights or obligations hereunder without the prior written consent of the other party. Any such attempted assignment will be deemed null and void. However, we may assign this Agreement including all rights therein, without Your consent, to an entity that acquires all or substantially all of Our business and/or assets. This Agreement shall inure to the benefit of and be binding upon each party and its respective successors and permitted assigns.
21.12 Professional / Managed Services
You may have the option to purchase professional (or “managed”) services from KIZATA, including certain employment onboarding, performance, organizational and succession assistance from KIZATA to perform, or operationalize certain actions on your behalf (the “Professional Service(s)”). You acknowledge and understand that any decisions made by You pursuant to such Professional Services including any and all hiring, performance management, succession / termination, similar employment decisions, or otherwise, are the sole and exclusive determination of You, and KIZATA will not be responsible for any decisions made by You. KIZATA makes no representations, warranties, or guarantees with respect to the Professional Services and all of the terms set forth in this Terms of Service will apply at all times to these Professional Services. The term of these Professional Services will be as purchased and may not be terminated early by You. KIZATA disclaims all liability for actions taken by You pursuant to the Professional Services offered, and You understand that KIZATA makes no guarantee, promise, affirmation, or the like, regarding the results, intended or unintended, of its provision of the Professional Services, and You should not anticipate or depend on any result or conclusion from the Professional Services, as none can be guaranteed due to their nature. In addition to any indemnification obligations set forth in these Terms of Service, you further agree to defend, indemnify, and hold KIZATA (including all employees, directors, affiliates, subsidiaries and the like) harmless from and against any third party claim, including attorneys fees and other costs, from or relating to (a) content or information You or an employee provides to us (b) use or misuse of the Professional Services (c) any violation of this Agreement, (d) violation of law, rule, or regulation, (e) any action, inaction, decision, or the like You make as a result of using this Service (g) any wage and hour allegations, or that KIZATA is a co-employee, or (h) any action taken by KIZATA in reliance upon or pursuant to any instructions or specific request of You.
21.13 Modifications
THIS AGREEMENT IS SUBJECT TO CHANGE BY KIZATA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available by posting on the KIZATA Site. We will also update the “Last Revised” date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify You via email or through the Services. Changes will be effective immediately. KIZATA may require You to provide consent to the updated Agreement. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of any and all such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF YOUR AGREEMENT WITH US.
21.14 Beta or Evaluation Usage
If KIZATA indicates any features of functionality as a beta or evaluation (referred to as the “Beta Service”), then You may use the Beta Service for a period of time as indicated by KIZATA, pursuant to KIZATA’s then current fees for the Beta Service, if applicable. NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF SERVICE OR ANY AGREEMENT YOU MAY HAVE DIRECTLY WITH KIZATA, YOUR USE OF THE BETA SERVICE WILL BE PURSUANT TO KIZATA’S THEN CURRENT TERMS OF SERVICE AND PRIVACY NOTICE. KIZATA PROVIDES THESE BETA SERVICE(S) “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, REFUNDS, OR INDEMNIFICATION OF ANY KIND. KIZATA may discontinue, modify, or begin to charge for use of a Beta service at any time, and at their sole discretion.
21.15 Publicity
KIZATA may identify You as a customer or user of the Services and describe the general nature of its relationship with You on its website, in marketing materials, and other comparable marketing-related contexts.
21.16 Questions
If You have questions or comments, please send us a plain text note at support@KIZATA.com without any attachments. We do not assure you that we will reply.